People Ex Rel. Hardacre v. Davidson
California Court of Appeal
APPEAL from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. Frank H. Smith, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcLAUGHLIN, J.
This action was brought to oust the defendants from the office of constables of O’Neal township, in San Joaquin county. Section 56 of the County Government Act, as amended in 1901 (Stats. 1901, p. 685, c. 234), provides that in townships having a population of less than six thousand persons there shall be but one constable. Prior to that amendment there were two constables in said township. At no time prior to the general election held November 4, 1902, did the population of 0 ’Neal township equal six thousand persons. Notwithstanding this fact, the board of supervisors of said county issued…
2Cases cited10 opinions
- People v. ChavesCalifornia Supreme Court · 1898
- Barkley v. Levee CommissionersSupreme Court of the United States · 1876
- Matter of Gertum v. . Board of SupervisorsNew York Court of Appeals · 1888
- People ex rel. Drew v. RodgersCalifornia Supreme Court · 1897
- People ex rel. McGarvey v. HartwellCalifornia Supreme Court · 1885
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3Cited by4 opinions
- Haack v. RanieriNew Jersey Superior Court Appellate Division · 1964
- People Ex Rel. Hardacre v. DavidsonCalifornia Court of Appeal · 1905
- Walter v. AdamsCalifornia Court of Appeal · 1952
- People Ex Rel. Hardacre v. ReaCalifornia Court of Appeal · 1905